Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “housing including a case and a strap” and “a dispensary cartridge” must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claims 1, 3, and 5 are objected to because of the following informalities:
The language of the claims are narrative in general and do not seem to conform to normal idiomatic English.
Regarding claim 1, lines 9-10, “the dispensary cartridge being configured to be worn on a head of the user when the user wears the device on the head of the user, “ is unclear and seems duplicative. Also, line 8 sets forth a “dispensary cartridge for providing feedback to the user” and lines 10-11 also set forth “the dispensary cartridge is configured to provide the feedback” , this seems duplicative.
Regarding claim 3, lines 11-12, “portion of the device may protrude from the housing and can be configured to be placed over the head of the user when the user wears the sleep disorder management device on the head of the user” is unclear and seems duplicative. Line 11-12, “eyes of the use” should be –eyes of the user--.
Regarding claim 5, lines 11-12, “and can be configured to be placed over the head of the user when the user wears the sleep disorder management device on the head of the user” is unclear.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 1 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Claim 1 sets forth where “ the dispensary cartridge is configured to provide the feedback, wherein the feedback is selected from at least one of (i) an odor (ii) a gustatory stimulus, (iii) a visual stimulus, (iv) an auditory stimulus, and (v) a tactile stimulus” however the specification in the summary [0004] seems to only set forth “providing olfactory feedback to the user, wherein the dispensary cartridge is configured to dispense an odor from a chemical disposed in the dispensary cartridge” , there is no further description of the in the specification that supports the features of the dispensary cartridge as set forth in claim 1.
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
The claims are generally narrative and indefinite, failing to conform with current U.S. practice. They are replete with grammatical and idiomatic errors.
Claims 3 and 5 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 3, lines 9-10, “the surroundings” lack antecedent basis, in line 10, “such portion of the device” is indefinite as to the scope of the intended limitation and it is not clear what “such portion” refers to within the claim, in line 9 and 12, “a potential screen or image displayer” and “ potentially automatically unroll..” is indefinite, and lines 13-15, “through other means” is indefinite as to the intended scope of the limitation and there is nothing within the specification to further define the scope of “other means”. Throughout claim 3, terms such as “the visual stimulus may be comprising”, “the device may protrude”, “may play any sort of images” render the scope of the claim unclear, it is unclear if the features that follow this word/phrase are required by the claim or not ( “may comprise…”) or for the language “may protrude”, does it protrude or doesn’t it. Also, line 11, “the cap” lacks antecedent basis.
Regarding claim 5, line 7, “a screen or other visual image projection for providing an auditory feedback to the user” is unclear how the screen or visual image projector provides auditory feedback. Throughout the claims, the terms “a potential speaker” in line 11, “can potential play any sort of audio” in line 14, “potentially pre-loaded or automated” in line 15, and “through other means generated” in line 15 are indefinite as to the intended scope of the limitations. Also, in lines 8-9, it is unclear how an “auditory stimulus” may comprise a “speaker or sound emanator”. It is the examiner’s understanding that a speaker or sound emanator would provide the auditory stimulus. In line 10, “the audio” lacks antecedent basis. Line 3, “comprising” apparently should be deleted, lines 7-8, the spec is not clear how “a screen/visual image projection” provides auditory feedback to the user, in line 10, “the audio” lacks antecedent basis, and in lines 11-12, “the sleep disorder management device” lacks antecedent basis as the claim recites an apparatus rather than a device.
Claim Interpretation
The examiner notes the claim limitations directed to “a housing comprising a case and a strap” and a “dispensary cartridge” are not specifically described in the specification or drawings other than generally in the summary. It is unclear to the examiner what the scope of these elements are and what relationship they have with the other elements in the claim(s). A dispensary cartridge will be considered by the examiner as any structure that is capable of providing feedback to the user and worn on the head. The claims, as set forth, will be given their broadest reasonable interpretation as best understood by the examiner in view of the invention overall.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1 and 5 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Garcia Molina(20210170138) herein after (Garcia Molina).
Garcia Molina teaches a system that comprises one or more sensors, one or more sensory stimulators, one or more processors, and/or other components. The one or more sensors are configured to generate output signals conveying information related to brain activity of the subject during the sleep session. The one or more sensory stimulators are configured to provide the sensory stimulation to the subject during the sleep session. The one or more processors are coupled to the one or more sensors and the one or more sensory stimulators. The one or more processors are configured by machine-readable instructions. The one or more processors are configured to control the one or more sensory stimulators based on stimulation parameters.
Regarding claim 1, Garcia Molina teaches a case and a strap;
a sensor configured to monitor a physiological indicator of a user, the physiological indicator comprising at least one of a brain electrical activity of the user, a brain wave frequency of the user, and a brain image registered from the user; a processor to analyze the physiological indicator of the user; and
a dispensary cartridge for providing feedback to the user, the dispensary cartridge being configured to be worn on a head of the user when the user wears the device on the head of the user, wherein the dispensary cartridge is configured to provide the feedback, wherein the feedback is selected from at least one of (i) an odor (ii) a gustatory stimulus, (iii) a visual stimulus, (iv) an auditory stimulus, and (v) a tactile stimulus, wherein the processor determines if the user is asleep and experiencing a sleep disorder episode, and wherein the processor is configured to initiate the feedback when the user is asleep and experiencing the sleep disorder episode.
Note Figure 2, headgear 201 includes a case and a strap that allows the headgear to be worn on the user’s head. Note paragraph [0024] The wearable device 201 may be a headset as illustrated in FIG. 2 and/or other garments worn by subject 12. Other garments may include a cap, vest, bracelet, and/or other garment. In some embodiments, wearable device 201 may comprise one or more sensors which may contact the skin of the subject. In some embodiments, wearable device 201 may comprise one or more sensory stimulators, the stimulators are considered by the examiner to be encompass a “dispensary cartridge” that are capable of providing feedback to the user, which may provide visual, somatosensory, and or auditory stimulation. For example, wearable device 201 and/or other garments may include, for example, sensing electrodes, a reference electrode, one or more devices associated with an EEG, means to deliver auditory stimulation (e.g., a wired and/or wireless audio device and/or other devices), and one or more audio speakers. In some embodiments, wearable device 201 may comprise means to delivery visual, somatosensory, electric, magnetic, and/or other stimulation to the subject. In this example, the audio speakers may be located in and/or near the ears of subject 12 and/or in other locations. The reference electrode may be located behind the ear of subject 12, and/or in other locations. In this example, the sensing electrodes may be configured to generate output signals conveying information related to brain activity of subject 12, and/or other information. The output signals may be transmitted to a processor (e.g., processor 20 shown in FIG. 1), a computing device (e.g., a bedside laptop) which may or may not include the processor, and/or other devices wirelessly and/or via wires. In some embodiments, the processor may be in electric communication with the one or more sensors and the one or more sensory stimulators. In some embodiments, the processor may be located within wearable device 201 and/or located externally. Paragraph [0026] Sensory stimulator 16 is configured to affect deep sleep in subject 12 through non-invasive brain stimulation and/or other methods. Sensory stimulator 16 may be configured to affect deep sleep through non-invasive brain stimulation using auditory, electric, magnetic, visual, somatosensory, and/or other sensory stimuli. The auditory, electric, magnetic, visual, somatosensory, and/or other sensory stimulation may include auditory stimulation, visual stimulation, somatosensory stimulation, electrical stimulation, magnetic stimulation, a combination of different types of stimulation, and/or other stimulation. The auditory, electric, magnetic, visual, somatosensory, and/or other sensory stimuli include odors, sounds, visual stimulation, touches, tastes, somatosensory stimulation, haptic, electrical, magnetic, and/or other stimuli. The sensory stimulation may have an intensity, a timing, and/or other characteristics. For example, acoustic tones may be provided to subject 12 to affect deep sleep in subject 12. The acoustic tones may include one or more series of tones of a determined length (e.g., less than a decisecond, 50 milliseconds, etc.) separated from each other by an interval (e.g., one second). The volume (i.e., the intensity) of individual tones may be modulated based on depth of sleep and/or other factors (as described herein). Paragraph [0027] Examples of sensory stimulator 16 may include one or more of a sound generator, a speaker, a music player, a tone generator, a vibrator (such as a piezoelectric member, for example) to deliver vibratory stimulation, a coil generating a magnetic field to directly stimulate the brain's cortex, one or more light generators or lamps, a fragrance dispenser, and/or other devices. In some embodiments, sensory stimulator 16 is configured to adjust the intensity, timing, and/or other parameters of the stimulation provided to subject 12 (e.g., as described below).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Garcia Molina(20210170138) herein after (Garcia Molina) in view of Estevez et al.( US 20100045569) herein after (Estevez et al.) .
Garcia Molina teaches the claimed invention as set forth above including a Housing having a case and a strap, a sensor configured to monitor physiological indicators such as brain wave activity of the user, a processor to analyze the brain wave activity, a screen or image projector providing visual feedback and a screen displayer worn on a user’s head. Note figure 2, element 201. Note Figure 2, headgear 201 includes a case and a strap that allows the headgear to be worn on the user’s head. Note paragraph [0024] The wearable device 201 may be a headset as illustrated in FIG. 2 and/or other garments worn by subject 12. Other garments may include a cap, vest, bracelet, and/or other garment. Wearable device 201 may comprise one or more sensory stimulators, which may provide visual, somatosensory, and or auditory stimulation.
Garcia Molina does not specifically teach potentially automatically unroll, pull out, or through other means dispense from the cap to appear in front of the eyes of the use that may play any sort of images.
Estevez et al. teaches a head mountable display systems and methods for mobile devices, paragraph [0111] FIG. 35 illustrates an embodiment wherein the display system 600 is couplable or attachable to a mobile device comprising a head-mountable electronic device 686 or 688. The head-mountable electronic device 686 or 688 may comprise an earpiece, or the head-mountable electronic device 686 or 688 may comprise a headset or headphones, [0113] The display system 600 may include a connecting device 606 comprising a retractable arm or other type of connecting device described herein that is couplable to the head-mountable electronic device 686 or 688 at one end. The auxiliary screen 604 is coupled to the opposite end of the connecting device 606. [0114] The auxiliary screen 604 is foldable to position into the view of one eye or both eyes of the user. The head-mountable electronic device 686 or 688 or the display system 600 may include projection optics adapted to project an image on the auxiliary screen 604. [0115] Again, the head-mountable electronic device 686 may be adapted to produce images from a separate mobile device 602, shown in phantom, on the auxiliary screen 604 of the display system 600, e.g., using Bluetooth technology/signals or by a physical connection of the head-mountable electronic device 686 to the mobile device 602 using a cable or wiring. [0117] The display system 600 may be integral to a head-mountable electronic device 686 or 688 as purchased, yet detachable if the user desires, for example. The display system 600 may alternatively be permanently attached to the head-mountable electronic device 686 or 688.
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention to modify the device of Garcia Molina to include the foldable head mounted display screen of Estevez et al. as an improved system for viewing images which would enhance the visual stimulation provided by the headset of Garcia Molina.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Arrington et al.( US 20190223781) teaches systems and methods for managing disruptive sleep disorders. In some cases the described systems and methods may detect an episode of parasomnia, such as sleep paralysis, sleepwalking, night terrors, chronic nightmares, sleep hallucinations, sleeping disorders associated with post-traumatic stress disorder, or a similar sleep disturbance, and provide a stimulus to wake the user from the episode of parasomnia. [0018] In at least some implementations, the sleep disorder management device can be deployed for use at virtually any chosen location on the user's body. In particular, in some non-limiting examples, the device can be placed on the user's head, neck, arm, wrist, hand, chest, stomach, back, leg, ankle, foot, and/or other location for detecting and intervening in a sleep disorder episode. In this regard, some examples of device configurations include, but are not limited to, watches, bracelets, bands, straps, hats, headgear, necklaces, patches, adhesives, wearables, clothing articles, and/or any other article that is convenient, safe to wear, and/or will not affect the normal sleeping routine of users. [0047] With respect to box 102, in some embodiments, collecting input data from the user comprises gathering one or more biometric signals, physiological signals, vital signs, user movements, sounds, speech (e.g., sleep talking), and/or any other suitable input data for determining whether the user is awake, the user is sleeping, and/or the user is experiencing a sleep disorder episode. In some particular embodiments, collecting input data from the user (as shown at box 102) comprises utilizing one or more sensors to gather measurable biometric and/or physiological signals, including, but not limited to, heart-beat rate (e.g., electrocardiogram signal or ECG/EKG signal and/or any other suitable identifier identifying a user's heartrate), respiratory rate and content (e.g., capnogram and/or any other suitable respiratory identifier), skin conductance (e.g., electrodermal activity, EDA signal, and/or any other suitable skin conductance identifier), muscle current (e.g., electromyography, EMG signal, and/or any other suitable muscle current identifier), brain electrical activity (e.g., electroencephalography, EEG signal, and/or any other suitable brain activity identifier), eye movements (e.g., electrooculography, EOG signal, and/or other eye movement identifier), sound, talking, and/or any other suitable biometric and/or physiological signals. In other particular embodiments, collecting input data from the user (as shown at box 102) comprises utilizing a sensor to gather measurable vital signs of the user, including, but not limited to, body temperature, pulse rate, respiration rate, blood pressure, oxygen content, perspiration, and/or any other suitable vital sign. In yet other particular embodiments, collecting input data from the user (as shown at box 102) comprises utilizing one or more sensors to gather measurable movement of the user, including, but not limited, pedometers, accelerometers, GPS, gyroscopes, moisture sensors, sweat sensors, and/or any other suitable device used to measure movement of the user.
BELLESI et al.( WO 2015118415) teaches the system (10) has sensory stimulators (16) configured to provide sensory stimuli to a subject (12) and sensors (18) configured to generate output signals conveying information related to brain activity of the subject. Detected transitions in sleep state are compared to reference indications of transitions in sleep state. An adjusted baseline sleep state criteria is utilized subsequent to adjustment of the baseline sleep state criteria to detect transitions in sleep state of the subject for the purpose of controlling the sensory stimulators.
WANG et al.( CN 111640340) teaches the invention relates to a virtual reality head display, long time using virtual reality to display cervical vertebra fatigue, virtual reality head display comfort limit VR development. A physical ocean virtual simulation experiment teaching device, comprising a helmet, a rotatable bracket, a display screen, a lens, a rechargeable battery, a system plate, a helmet and a rotatable bracket to form experimental teaching device frame; the rotatable bracket is set on the front part of the helmet; the display screen is set in the rotatable bracket; the system plate and the rechargeable battery are set at the outer rear part of the helmet; the gravity center of the whole physical ocean virtual simulation experiment teaching device is located on the cervical vertebra of the user. the gravity center of the virtual simulation experiment teaching device is located on the cervical vertebra of the user; the cervical vertebra disc is stressed uniformly, and it is anti-fatigue, overcoming the problem that the user cervical intervertebral disc and neck muscle group are not stressed caused by pathological changes; the user experience is poor; polyurethane slow rebound block foam is set with ventilating passage for ventilating and avoiding light, increasing eye comfort.
ORENSTEIN et al.(KR20190058538) teaches a method for deriving Lucid reality; Improve sleep; Improve mobility performance; Improve learning; Improve game activities; Devices, and methods that enhance mental health and make any combination of these. The system includes at least one head mounted device; At least one power supply unit; At least one communication unit; At least one microcontroller; At least one external device; And at least one cloud-based storage device.
DAOUST eta al.(US20170071495) teaches he device has an electroencephalography (EEG) sensor (310) engaging a temple of a user and forming a tip portion of first tubular arm (340) electrically connected to an electronic circuit through first wiring within the first arm. An earpiece fits within an outer ear of the user to provide audio signals to the user generated by the electronic circuit to which the earpiece is connected through second wiring within the second tubular arm. One of the first arm, second tubular arm and a housing retain the device in position on user's head absent other retention unit.
Hanbury(US20170143935) teaches Visual and auditory stimuli are provided to a patient to treat various neurological disorders or conditions and/or to provide improved mental or physical performance. The visual and auditory stimuli are provided by a wearable headset or sleep mask that may be comfortably worn by a user, such as in bed to induce sleep. The wearable headset or sleep mask is operated by a personal computing device of the user, such as smartphone, having downloaded and active thereon a control application or app for the therapy. The wearable headset or sleep mask also concurrently provides tactile stimuli, and the tactile stimulus is provided from bone conduction transducers that concurrently provides the auditory stimuli.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRIAN L CASLER whose telephone number is (571)272-4956. The examiner can normally be reached M-Th 6:30 to 4:30.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Charles Marmor can be reached at (571)272-4730. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BRIAN L CASLER/ Primary Examiner, Art Unit 3791